JURI 2990 FINAL EXAM 2026,
QUESTIONS AND VERIFIED
ANSWERS
1. Locke - >>>>>> ANSWER: Separation of powers between legislative and executive; Useful as the
government can act in accordance to dually enacted laws created by legislature, meaning gov acts in
accordance to laws that were created via a proper lawmaking process; Belief in democratic legislature,
with themes of majority rule and consent of the governed from his social contract, esp for property
owners; No mention of independent jury, individual rights, or limits on legislature
2. Montesquieu - >>>>>> ANSWER: Belief in 2 things that needed to be added to Locke's argument;
Legal liberty: liberty is the right to do whatever the law permits; Independent judiciary, with judges
chosen by the people so that they understand everyday public concerns and to protect against the
influence of elites; Belief in a politically active citizenry to perpetuate rol ideas
3. Dicey - >>>>>> ANSWER: 3 interconnected parts: Courts safeguard individual rights. They have reason
which allows them to decide what the law is, as they possess merit which allows them to be free from
individual passion; Everyone is equal in the laws eyes; Individuals can be punished only if they breach a
preexisting law; Concerned about the growing power of administrative state, would be against chevron,
as it meant courts gave deference to administrative agencies whenever there was ambiguous law;
Supported marbury v madison and the idea of judicial review constraining governmental power;
Criticism: courts sometimes produce vague and indeterminate law, and he places excessive power at the
hands of the courts.
4. Hayek - >>>>>> ANSWER: Laws must be general, equal, and certain, so that individuals can anticipate
how the government will exercise its sometimes frightening power; General: not aimed at particular
people; Equal: apply uniformly to all; Against administrative agencies as they apply discretionary policy
driven decision making rather than neutral rules; Freedom is not in unlimited choices, but being able to
choose without pressure/judgement from others; Criticism: his hostility towards substantive aims may
be impractical in a modern regulatory state, and may undermine the governments role of
acknowledging inequalities in society.
5. Raz - >>>>>> ANSWER: Rule of law ensures predictability/order; Rule of law is not always the rule of
good law, rule of law is like a knife, sharp but can be misused; Laws can follow rule of law but still be
deeply unjust (ex. slavery); Laws must be clear, stable, public, prospective; Recognized substantive
QUESTIONS AND VERIFIED
ANSWERS
1. Locke - >>>>>> ANSWER: Separation of powers between legislative and executive; Useful as the
government can act in accordance to dually enacted laws created by legislature, meaning gov acts in
accordance to laws that were created via a proper lawmaking process; Belief in democratic legislature,
with themes of majority rule and consent of the governed from his social contract, esp for property
owners; No mention of independent jury, individual rights, or limits on legislature
2. Montesquieu - >>>>>> ANSWER: Belief in 2 things that needed to be added to Locke's argument;
Legal liberty: liberty is the right to do whatever the law permits; Independent judiciary, with judges
chosen by the people so that they understand everyday public concerns and to protect against the
influence of elites; Belief in a politically active citizenry to perpetuate rol ideas
3. Dicey - >>>>>> ANSWER: 3 interconnected parts: Courts safeguard individual rights. They have reason
which allows them to decide what the law is, as they possess merit which allows them to be free from
individual passion; Everyone is equal in the laws eyes; Individuals can be punished only if they breach a
preexisting law; Concerned about the growing power of administrative state, would be against chevron,
as it meant courts gave deference to administrative agencies whenever there was ambiguous law;
Supported marbury v madison and the idea of judicial review constraining governmental power;
Criticism: courts sometimes produce vague and indeterminate law, and he places excessive power at the
hands of the courts.
4. Hayek - >>>>>> ANSWER: Laws must be general, equal, and certain, so that individuals can anticipate
how the government will exercise its sometimes frightening power; General: not aimed at particular
people; Equal: apply uniformly to all; Against administrative agencies as they apply discretionary policy
driven decision making rather than neutral rules; Freedom is not in unlimited choices, but being able to
choose without pressure/judgement from others; Criticism: his hostility towards substantive aims may
be impractical in a modern regulatory state, and may undermine the governments role of
acknowledging inequalities in society.
5. Raz - >>>>>> ANSWER: Rule of law ensures predictability/order; Rule of law is not always the rule of
good law, rule of law is like a knife, sharp but can be misused; Laws can follow rule of law but still be
deeply unjust (ex. slavery); Laws must be clear, stable, public, prospective; Recognized substantive
